What can I do if my relative has been sectioned under the Mental Health Act? Blog by Emma Coward- Trainee Solicitor
Am I a Nearest Relative?
If your relative is detained under the Mental Health Act, you may be considered as their nearest relative. It is important to be aware that this person can be different to the next of kin.
The general rule is that the nearest relative will be the person who comes highest on the following list:
- Husband, wife or civil partner
- Son or daughter
- Father or mother
- Brother or sister
- Grandparent
- Grandchild
- Uncle or aunt
- Niece or nephew
What Rights Do I Have As A Nearest Relative?
As a Nearest Relative if you have concerns about a relatives Mental Health you can request an assessment to ascertain whether they should be detained under the Mental Health Act. This can be done by contacting Social Services and speaking with an Approved Mental Health Practitioner. They do have the right to refuse your request but must give you reasons for doing so in writing.
You have the right to be informed that your relative is going to be detained under Section 2 (for assessment) or Section 3 (for treatment). However there are exceptions to this, for example if informing you would have a negative impact on your relative emotionally or physically or would cause unnecessary delay.
If you were to disagree with your relative being detained under Section 3 then the detention cannot go ahead, however an application could be made to the County Court to remove your powers if it is felt you are objecting on unreasonable grounds.
Please be aware that the nearest relative does not have the right to be told everything. Confidentiality is still maintained and it will ultimately depend on whether your relative is happy for information to be shared with you.
Can I Discharge My Relative?
If you wish for your relative to be discharged from their section then you must provide 72 hours’ written notice to the hospital managers. If their responsible clinician feels that your relative should remain in hospital they can issue a barring report within 72 hours. This will prevent the discharge from going ahead. A discharge should only be prevented if the person is likely to be considered as dangerous to themselves or others.
If a barring report is issued, you will then have the right to apply to the tribunal for discharge if your relative is detained under Section 3 or on a CTO. You must be aware that you will not be allowed to discharge your relative at any time in the 6 months’ that follow the date of the barring report.
What is a Tribunal?
The tribunal panel consists of a judge, a doctor and a layperson who often has experience of working within mental health. Also present at the hearing will be members from your relative’s clinical team, which will be their care coordinator, who is often a social worker or Community Psychiatric Nurse, their responsible clinician and a member of the nursing team. Each professional will have prepared a report prior to the hearing and will be asked questions in relation to the content.
Your relative is entitled to have a solicitor present at the tribunal who can then ask questions on their behalf. You will also be entitled to share your views. After hearing the evidence the panel will then make a decision as to whether they believe detention continues to be justified or not. They will provide a brief explanation for their decision.
We have a specialist mental health team who can help you and your relatives. For assistance please contact us on 01325 281111.
